29 results for 'judge:"Engelmayer"'.
J. Engelmayer denies the Danish shipping company's motion to dismiss an American shipping company's conversion claim it wrongfully took delivery of five of its shipping containers and refused to return them. The Danish shipper cannot avoid liability because it belatedly returned four of the containers, as its rival may be able to show losses from the taking. Further, the court will not strike the American shipper's request for punitive damages at this stage in litigation.
Court: USDC Southern District of New York, Judge: Engelmayer, Filed On: April 19, 2024, Case #: 1:23cv10283, NOS: Other Fraud - Torts - Personal Property, Categories: Damages, Conversion
J. Engelmayer appoints a neutral arbitrator per the dispute resolution terms of the parties’ commercial insurance contract. A Texas school district filed claims under its commercial insurance policy after school district property incurred damage during a hurricane. A dispute resulted regarding the extent of the school district’s coverage and the matter was submitted to arbitration. They were unable to agree on a single arbitrator, and after each appointing an arbitrator, the arbitrators were unable to agree on an umpire, therefore the matter was submitted to the instant court for selection of a qualified neutral arbitrator to oversee the matter. Having done so the case is ordered closed.
Court: USDC Southern District of New York, Judge: Engelmayer, Filed On: April 8, 2024, Case #: 23cv8957, NOS: Insurance - Contract, Categories: Arbitration, Civil Procedure, Insurance
J. Engelmayer finds for Warner Bros. on all claims brought by a freelance comic book artist claiming the movie studio lifted elements of a 1990 story he wrote about Batman to use in its 2022 film The Batman. The similarities between the two stories are based on common, even hackneyed, archetypes and plot features that are not protected by copyright. In addition, all copyright claims against DC Comics shall be dismissed except the artist's claim of copyright fraud. DC Comics has established that it is the owner of valid copyrights of Batman works.
Court: USDC Southern District of New York, Judge: Engelmayer, Filed On: March 27, 2024, Case #: 1:22cv8969, NOS: Copyrights - Property Rights, Categories: Copyright
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J. Engelmayer dismisses the union's complaint challenging a mutual aid agreement between the port authority and the city that provides for coordination between the port authority, which maintains security at JFK and LaGuardia airports, and the city fire department in the event of an aircraft emergency. The union cannot show it will be harmed if one of its members cannot assume the role of "Incident commander" in the event of an airport emergency.
Court: USDC Southern District of New York, Judge: Engelmayer, Filed On: February 22, 2024, Case #: 1:23cv560, NOS: Other Contract - Contract, Categories: Labor / Unions, Aviation
J. Engelmayer finds for the government agency in a computer scientist's challenge to the government's decision to deny him an "extraordinary ability" visa. The agency reasonably did not give much credence to the man's high school awards, and found that none of the newspaper articles published in Azerbaijan about him amount to "major media." Further, the agency reasonable concluded that while the man's work "shows promise," he has not established that it already qualifies as having major significance in his field.
Court: USDC Southern District of New York, Judge: Engelmayer, Filed On: January 5, 2024, Case #: 1:23cv3372, NOS: Administrative Procedure Act/Review or Appeal of Agency Decision - Other Suits, Categories: Immigration, Agency
J. Engelmayer grants defendants' Meta, Alphabet, and Nike's request for an order declaring the plaintiff a vexatious litigant and enjoining him from filing any civil action against them in federal court. The plaintiff's proliferation of frivolous lawsuits asserting fantastical claims against the companies over nine years, none of which cleared the motion to dismiss stage, firmly establish that he is a vexatious litigant who will continue to abuse the judicial process.
Court: USDC Southern District of New York, Judge: Engelmayer, Filed On: December 5, 2023, Case #: 1:23cv7000, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: Civil Procedure, Sanctions
J. Engelmayer denies Starbucks' motion to dismiss a negligence action stemming from an incident in which another patron violently attacked the plaintiff. The store manager had already asked the patron to leave, which he refused, and called the police before the attack occurred. The assaulted man presented evidence of past assaults at the same location and showed a heightened risk to patrons presented by the location of the coffee shop immediately below a methadone clinic. From this evidence, a jury could find that the attack was foreseeable to Starbucks and its executives responsible for customer safety.
Court: USDC Southern District of New York, Judge: Engelmayer, Filed On: September 1, 2023, Case #: 1:22cv2409, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Tort, Negligence
J. Engelmayer denies the government's motion to dismiss the minor's Federal Tort Claims Act claims alleging that the government wrongfully separated the minor from his father, both of whom are non-citizens, for five days in October 2018. More discovery is required to determine if the government and U.S. Border Patrol based their decision to house the father in a facility without the child due to his criminal history or due to the Zero Tolerance policy.
Court: USDC Southern District of New York, Judge: Engelmayer, Filed On: August 18, 2023, Case #: 1:20cv5747, NOS: Other Statutory Actions - Other Suits, Categories: Government, Immigration, Discovery
J. Engelmayer grants the clean energy fin-tech company's motion to compel arbitration regarding claims from a consumer who is part of a class action accusing the solar energy equipment supplier, the clean energy fin-tech company and others of fraudulently inducing consumers to purchase and install solar panels for their homes with the promise of "welcome checks" that were never paid. The consumer at issue signed the contract after a representative visited her home to obtain her signature for financing and installation. She should have known of the existence of terms and conditions even if no one explained them to her. She is not exempt from arbitration.
Court: USDC Southern District of New York, Judge: Engelmayer, Filed On: August 17, 2023, Case #: 1:22cv10816, NOS: Other Fraud - Torts - Personal Property, Categories: Arbitration, Fraud, Class Action
J. Engelmayer grants the post-default consumer debt purchaser's motion to compel arbitration in this suit arising from the debtor's allegations that it falsely claimed to have purchased debt he incurred on a personal credit card and is attempting to collect on it illegally. The credit card agreement's arbitration provision clearly and explicitly delegates to an arbitrator. Courts in the southern district of New York have repeatedly found FDCPA claims to be within the scope of identical arbitration clauses.
Court: USDC Southern District of New York, Judge: Engelmayer , Filed On: June 30, 2023, Case #: 1:22cv1348, NOS: Consumer Credit - Other Suits, Categories: Arbitration, Debt Collection
J. Engelmayer denies the asset management company's motion for reconsideration of a ruling granting in part the technology company's motion to dismiss the claim alleging that the asset management company conspired to depress the price of the tech company's depositary shares and stock in order to pay the tech shareholders an unfairly low price when taking the company private during merger. Pleadings did not plausibly allege that the tech company's value exceeded the merger price, or that the asset management company could have secured the price.
Court: USDC Southern District of New York, Judge: Engelmayer , Filed On: June 29, 2023, Case #: 1:19cv10067, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Securities, Business Expectancy
J. Engelmayer finds for the fund on the causation element of its claims based on the law firm's participation in the transfer of $5 million, which left the firm's client, a convicted fraudster, unable to pay the fund's $8 million judgment against him. The parties must file additional briefing in order for the court to make a ruling on damages.
Court: USDC Southern District of New York, Judge: Engelmayer, Filed On: June 21, 2023, Case #: 1:18cv8004, NOS: Recovery of Overpayment & Enforcement of Judgment - Contract, Categories: Fraud, Enforcement Of Judgments
J. Engelmayer grants the shower curtain manufacturers' motion for attorney fees under the fee provisions of the Patent Act and the Lanham Act and awards $929,000 in attorney fees, as well as costs and pre- and post-judgment interest, in their favor in a patent infringement action against the competitors. The fee award is justified largely by the objective unreasonableness and unprofessionalism of the competitors in defending the case. The competitors ignored court rulings, repeatedly violated the scheduling order and unnecessarily prolonged the litigation. Judgment is entered in the amount of $2.9 million.
Court: USDC Southern District of New York, Judge: Engelmayer, Filed On: June 5, 2023, Case #: 1:15cv10154, NOS: Patent - Property Rights, Categories: Patent, Attorney Fees